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IN THE __________COURT OF _________________ (Name of County)
STATE OF ____________________ (Name of State)
__________________ (Name of Plaintiff) PLAINTIFF
VS. CAUSE NO. __________
__________________ (Name of Defendant) DEFENDANT
Motion to Release Property from Levy upon Filing Bond
Comes now _________________ (Name of Defendant) , Defendant, in the
above-captioned cause, who, by and through his attorney hereby moves for release of
property levied upon by the Sheriff of _________________ ( Name of County) , stating
as reasons therefore the following:
1. Judgment was entered against the Defendant on _________________ (date) , in
the amount of $______________based upon provisions of a Lease between the Plaintiff
and the Defendant.
2. Pursuant to directions by the Plaintiff, the Sheriff of _________________ ( Name
of County) , on _________________ (date) , levied upon all of the Defendant's farm
machinery at the Defendant's place of business.
3. Defendant is in the business of selling farm machinery and wishes to do so in
order to satisfy the Judgment.
4. Defendant requests this Court to approve the bond in the form attached hereto
conditioned upon payment of the Judgment, interest and costs within ______________
(number) days written by the _________________ (Name) Indemnity Corporation in
the amount of $___________ which is adequate to satisfy the Judgment together with
interest and probable costs, and alternatively which is greater than the value of the used
farm equipment upon which the Sheriff has levied.
WHEREFORE, Defendant prays that the Court approve the bond in the form
attached hereto and direct release from levy of the used farm equipment levied upon by
the Sheriff.
Respectfully submitted,
______________________
(Name of Defendant)
By: ______________________
(Printed Name of Attorney)
______________________
(Signature of Attorney)
Defendant’s Attorney
State Bar No. ____________
Certificate of Service
This is to certify that I, ______________________ (Name of Attorney ) , attorney
for Defendant ______________________ (Name of Defendant) , have this date served
a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully
prepaid, to the following counsel of record for the Plaintiff:
______________________ (Name of Attorney)
______________________ (Post Office Box No. or Street Address)
______________________ (City, State, Zip Code)
This ____day of _________________, 20_______
Respectfully Submitted,
________________________
(Printed Name of Attorney)
______________________
(Signature of Attorney)
Defendant’s Attorney
State Bar No. ____________
OF COUNSEL:
______________________ (Name of Attorney)
______________________ (Post Office Box or Street Address)
______________________ (City, State, Zip Code)
______________________ ( Telephone)
Notice of Motion to Release Property from Levy
You are notified that on _______________ ( date) , at ________________ (time) ,
or as soon thereafter as counsel can be heard, in Courtroom ______ of the
_____________Court for ____________ County, ________________ (State) , at the
________________ (County) Courthouse at _________________________________
(street address, city, county, state, zip code) , Defendant ________________ (Name
of Defendant) , by and through his attorney, will bring on for hearing his Motion for the
reasons stated in the above Motion.
Respectfully Submitted,
________________________
(Printed Name of Attorney)
________________________
(Signature of Attorney)
Defendant’s Attorney
State Bar No. ____________
OF COUNSEL:
______________________ (Name of Attorney)
______________________ (Post Office Box or Street Address)
______________________ (City, State, Zip Code)
______________________ ( Telephone)
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